EEL News Service – Issue 2015/03 of 27 February 2015

Dear members of the EEL Network,

In this issue, we present the latest legal and policy developments in EU Environmental Law, including an AG opinion on REACH, the Commission Communication “The Paris Protocol – a blueprint for tackling global climate change beyond 2020” and the proposed Energy Union.

We are happy to inform you that at our upcoming event “Better Regulation in the EU revisited. Improving the European Union for the benefit of business and citizens” (23 April 2015) Mr. Frans Timmermans, First Vice-President of the European Commission and Mr. Piet Hein Donner, Vice President of the Netherlands Council of State will be key note speakers. Other confirmed speakers include: Professor Alberto Alemanno, HEC Paris and New York University; Elizabeth Golberg, Director for Smart Regulation and Work Programme, European Commission Secretariat; Professor Ernst Hirsch Ballin, President of the T.M.C. Asser Instituut; and Advocate General Niilo Jääskinen, Court of Justice of the EU.More updated information / Final Programme with full list of speakers and chairs

Regulation (EC) No. 1907/2006 (.PDF) concerns the Registration, Evaluation, Authorisation and Restriction of Chemicals and is better known as the REACH. One of its main objectives is to “[…] ensure a high level of protection of human health and the environment as well as the free movement of substances, on their own, in mixtures and in articles […].” Balancing these objectives is at stake in this case.

Where an article contains more than 0.1% of a substance of very high concern, duties apply to provide information to the European Chemicals Agency (ECHA) and to recipients and consumers of the article. Parties disagree on how the concentration threshold is calculated where an article consists of several components which are themselves articles. This leads to disparities between Member States, jeopardising the free movement of substances the Regulation aims to protect. A request for a preliminary ruling has been made, the question being:“Where an ‘article’ within the meaning of the REACH Regulation is composed of several elements which themselves meet the definition of ‘article’ in the regulation, are the obligations resulting from Article 7(2) and Article 33 of the regulation to apply only with regard to the assembled article or with regard to each of the elements which meet the definition of ‘article’?”

In the opinion of the Advocate General, if the other conditions laid down in Article 7(2) of the REACH Regulation are satisfied, (1) the importer of an entire article consisting of component articles which, despite being integrated into an entire article, retain a shape, surface or design of their own is required to notify ECHA if a substance meeting the criteria laid down in Article 57 and identified in accordance with Article 59(1) is present in a component article above a concentration of 0.1% weight by weight (w/w). The same applies to the producer, but only in case the integrated articles were made or assembled by other producers and (2) the supplier of such articles also has a duty to provide information to recipients and, on request, to consumers.

Climate Change

European Commission Article – EU sets out vision for Paris agreement alongside Energy Union strategy (25/02/2015)
The European Commission has set out the EU’s vision for the new global climate change agreement due to be adopted in Paris in December. The Communication, “The Paris Protocol – a blueprint for tackling global climate change beyond 2020”, is part of the EU’s Energy Union package. As well as securing Europe’s energy supply, ensuring affordable and competitive energy and an integrated energy system, the strategy also aims to tackle climate change through the transition to a low-carbon, climate-friendly economy.

Open Democracy Article:Climate policy according to Gazprom(06/02/2015)
As Russian dreams of becoming a ‘great ecological power’ fade, Gazprom, it seems, has been driving climate policy all along.

EurActiv Article:MEPs, member states at odds over ETS reform start(23/02/2015)
The European Parliament’s environment committee will soon decide whether it wants the reformed Emissions Trading Scheme to start applying at the end of 2018 or earlier. A blocking minority of EU member states are pushing for an early start date.

Note: For news on biofuels, see sections “Nature & Argiculture” and “Transport“.

Energy

European Parliament Publication:TTIP impacts on European energy markets and manufacturing536316_EN.pdf) (.PDF) (12/01/2015)
The Transatlantic Trade and Investment Partnership currently negotiated by the EU and the US will affect the EU energy and manufacturing sectors. The study identifies energy-related issues (e.g. oil sands, US oil and gas exports) and how TTIP would affect European energy markets and manufacturing industries. This includes an analysis on how the TTIP could improve the EU’s energy supply security, e.g. by adding liquidity and competition to the natural gas market.

EurActiv Article:Instead of a shale bonanza in the EU, a shale fata morgana(04/02/2015)
The latest withdrawal from shale gas exploration in Poland by Chevron illustrates how shale gas is unlikely to ever contribute to the EU’s energy mix. Deflated expectations, industry mishaps and lack of social acceptance of fracking should stiffen the resolve of EU leaders to concentrate on renewables and energy efficiency, writes Geert Decock.

EurActiv Article:EU introduces new rules to make cooking greener(19/02/2015)
The sale of energy-wasting ovens and cooking hobs will be banned across the European Union after the latest set of rules to make household appliances more efficient took effect on Friday 20 February.

EurActiv Article:Commission investigates UK state aid for biomass plant(20/02/2015)
A European Commission investigation into whether British plans to use public money to convert a coal power plant into a wood-burning facility broke EU competition law, was opened Thursday 19 February.

EurActiv Article:Commission fleshes out energy strategy for Southeast Europe (09/02/2015)
As energy ministers of eight countries from Southeast Europe met in Sofia on 9 February to discuss the countries’ needs and ambitions, a leaked paper has shed light on the European Commission’s plans to help the region overcome its various problems.

EurActiv Article:Germany sees fourfold increase in renewables since 2000(26/02/2015)
Renewable energy sources are on the rise in Germany, with wind power continuing to play the most important role. But a current study reveals the potential of renewables is far from being fully exploited.

Nature & Agriculture

European Commission Press Release:A further 18 Rural Development Programmes get green light (13/02/2015)
The European Commission has approved a further 18 Rural Development Programmes (RDPs) aimed at improving the competitiveness of the EU farming sector, caring for the countryside and climate, and strengthening the economic and social fabric of rural communities in the period until 2020.

EurActiv Article:Balkan dam boom threatens Europe’s last wild waterways(20/02/2015)
More is known about rivers in the Amazon than Europe’s last wild waterways in the Balkans. But these unique ecosystems in southeast Europe could soon be gone, along with endangered species such as the Balkan lynx, if plans for over 2,000 dams go ahead, conservationists warn.

Noise

Euronews Article:Elastic road surface reduces motorway noise pollution(23/02/2015)
Noise pollution is still an issue on Europe’s roads. But thanks to technological advances, it’s less down to the sound of the car’s engine and more about how tyres touch the road surface.

Transport

European Parliament Publication:Improving the Concept of ‘Motorways of the Sea’ (.PDF) (15/12/2014)
The Motorways of the Sea programme was presented by the European Commission in 2001 to revive short sea shipping and to establish a European network of shipping links. New inputs to the current MoS projects have come from the 2013 TEN-T guidelines and the new financial scheme, the Connecting Europe Facility. This new study provides an overview of the MoS program, identifies the main barriers and suggests possible scenarios to reinforce short sea shipping and sustainability.

EurActiv Article:Solvik-Olsen: Norway leads on electric cars (16/02/2015)
Norway has the world’s best incentives for buying electric cars. But a zero-emission vehicles’ strategy might not work in EU countries with a strong automobile industry, said Norwegian Transport Minister Ketil Solvik-Olsen.

EurActiv Article:Cooking oil’s use in aviation set to ‘grow and become bigger’(24/02/2015)
Used cooking oil is one of the latest biofuel alternatives used by aviation companies to reduce carbon emissions. But even if it is already used in planes, production will remain insufficient to make a difference on a larger scale.

Waste

EurActiv Article:EU recycling targets workable and worth it (09/02/2015)
There is nothing wise about scrapping a proposal to increase the EU’s recycling targets and delaying the development of a circular economy, writes Jeremy Wates.

29 – 30 May 2015

Event: 2015 EU-Arctic ConferenceTopic/Title: European Union and the ArcticOrganisation:Dundee University School of Law & K.G. Jensen Centre for the Law of the Sea (JCLOS)Venue: University of Dundee, Dundee, Scotland, UK

25 – 26 June 2015

Event: Inagural workshop of the UACES CRNTopic/Title: European Energy PolicyOrganisation:UACES CRN on the European Energy PolicyVenue: Norwich Business School, University of East Anglia, United Kingdom